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Non-cooperation, procedural lapses and faulty investigation cannot be blamed on Courts, said Chief Justices of India, Justice NV Ramana while clarifying that the public prosecutors, advocates and parties - all have to co-operate with the judicial process.

Speaking at the Valedictory Ceremony of Constitution Day Celebrations today, CJI Ramana said that if people are unaware about their rights and entitlements, they cannot claim benefit from the same.

He further stated that people also need to know the scope and limitations of the roles ascribed to the different organs of the State.

Referring to the many misconceptions, the CJI remarked that many people in the country believe that it is the Courts which make the laws or believe that the Courts are responsible for liberal acquittals and adjournments.

"However, the truth is that the public prosecutors, advocates and parties - all have to co-operate with the judicial process. Non-cooperation, procedural lapses and faulty investigation cannot be blamed on Courts.", he said.

While highlighting the issue of judicial pendency, Justice Ramana has proposed the restructuring of the judicial system and altering the hierarchy of the Courts.

"This is something that merits consideration by the Government", he added.

Citing the introduction of Section 138 of the Negotiable Instruments Act, he remarked that the legislature does not conduct studies or assess the impact of the laws that it passes and this sometimes leads to big issues. 

In this regard, the Chief Justice was of the view that the already burdened magistrates are further burdened by thousands of these (Section 138) cases.

Similarly, he said, rebranding the existing courts as commercial courts, without creating a special infrastructure, will not have any impact on the pendency.

Referring to the Law Minister Kiren Rijiju statement that the Government has been allocating substantial amounts for development of judicial infrastructure, CJI said,

"...funds are not the problem. The problem is with some of the States not coming forward to match the grants. As a result, the central funds largely remain unutilised. That is the reason why I am proposing a special purpose vehicle of Judicial Infrastructure of Authority. I beseech the Minister to take this proposal to logical conclusion. I also urge the Hon’ble Minister to expedite the process of filling judicial vacancies."

While concluding his speech, Justice Ramana remarked that the past two years have been very difficult for everyone as many judges, judicial officers and staff lost their lives.

"I can understand the amount of stress and suffering you must have faced in these tough times. However, these times have taught us to be ready for any future challenges, be it natural or otherwise.", he said.